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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Asha Rani – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. impugning the dismissal of study leave application. (Para 1 , 3) |
| 2. cat’s observations on study leave rules. (Para 4 , 5) |
| 3. legal argument regarding esic act. (Para 6) |
| 4. response to equal treatment due to policy differences. (Para 7 , 8) |
| 5. challenge to policy discrimination not made. (Para 9 , 10 , 11) |
| 6. current status of the petitioner’s employment. (Para 12 , 13) |
| 7. court's dismissal of the writ petition. (Para 14 , 15) |
JUDGMENT
Rajiv Sahai Endlaw, J. This petition was filed, impugning the order dated 8th August, 2019 of the Central Administrative Tribunal (CAT), Principal Bench, of dismissal of OA No.41/2019 preferred by the petitioner impugning the inaction of the respondents in the matter of application of the petitioner for grant of study leave, and seeking a direction to the respondents to grant study leave with pay, to the petitioner, w.e.f. 21st December, 2018, with all other consequential benefits.
2. The petition came up first before this Court on 2nd July, 2020 and thereafter on 16th July, 2020, when notice thereof was ordered to be issued. The respondents have filed a counter affidavit. The counsel for the petitioner seeks time to file rejoinder. How
Study leave is not a matter of right and its grant is dependent on organizational needs and statutory criteria.
The main legal point established in the judgment is that the grant of study leave is subject to the authority's discretion and must be of definite advantage from the point of view of public interest,....
Employees are entitled to study leave as per CCS (Leave) Rules if eligibility criteria are met, and the authority cannot arbitrarily deny this entitlement once it has been established.
The court emphasized that administrative decisions must be reasoned, and the absence of a speaking order invalidates the denial of study leave under the CCS Rules.
The decision to grant study leave to government servants is not a matter of right and must be considered in light of the exigencies of public service, as per Rule 50 of the Central Civil Services (Le....
The denial of study leave to a medical officer during a pandemic is justified when based on expert assessments of public service needs, and such decisions are not subject to judicial review unless pr....
'Dies Non' order treating study leave period harshly affects service rights and violates natural justice without hearing; medical officer's higher studies period directed as study leave under 1979 Ru....
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